On today’s episode of “This shouldn’t be legal”…

Source: https://twitter.com/A_Seagull/status/1789468582281400792

@[email protected]
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191Y

They saw what MKBHD’s honest reviews did to Fisker and Humane and said “can we stop that from happening?”

@[email protected]
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61Y

I mean most play tests let you say nothing at all. So not sure if this is better or worse.

Blxter
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11Y

I think the difference is that those play tests we are thinking of are for lack of other terms locked down. Playtests I have done were not able to be recorded, streamed and had water markers all over the place. In this case people are playing and streaming making videos at that point you should be able to give opinions on the game.

@[email protected]
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17
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1Y

Saying nothing at all is better than only being allowed to say good things and none of the bad. The former doesnt shift opinions in either direction but the latter introduces a pro-buying bias to reviews. Good for the publisher and no one else.

@[email protected]
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4
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1Y

It’s worse.

Playtest results inhibit you from disclosing things because they are subject to change. They take gamers’feedback, decide if they want to act on it, and at the end of the day the finished product may look different so it makes no sense for people to loudly state “they have feature X, and they don’t have feature Y” because by release it may be the other way around.

Whereas this type of contract says “idgaf what’s bad about the game, you can only sing its praises online”.

Silence > dishonesty.

Echo Dot
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1
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1Y

If it’s actually a closed beta then it shouldn’t be open to streamers at all. If are going to allow stream is to play it then it’s not really a closed beta. It’s a marketing gimmick.

@[email protected]
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661Y

“I signed a contract that forbids me from saying anything negative about this game. I am therefore contractually obligated to say nothing”

@[email protected]
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11Y

By the contract, you couldn’t say anything detrimental about the game, so such a statement would still be forbidden. Whether such a vague limitation on what a content creator can say would hold up in court is a different thing.

@[email protected]
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41Y

This game doesn’t ruin your entire day by playing it for even a second.

@[email protected]
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551Y

Shows that they have amazing confidence in their product. This is the same to me as saying “We know it sucks so please don’t say so if we give you this key.”

@[email protected]
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11Y

It’s one of the reasons that nobody says anything bad about the product that their sponsor provided to them. Either that or people don’t want to ruin their relationship with their sponsors so they will talk highly of a product even if it isn’t good.

@[email protected]
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81Y

Just black list people like a normal company - whoever i suspect they did this to revoke access during EA.

g0d0fm15ch13f
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91Y

Ok regardless of whether or not you should be able to. Why the fuck would you? Wouldn’t it be in your ultimate best interest to recieve negative feedback early? So that it could be addressed?

@[email protected]
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21Y

I wager they are angling for the negative feedback to be private.

@[email protected]
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121Y

Not bootlicking, just reading the letter of the law. I read this more as “don’t be a total dick about it” so I’d love to hear a contract attorney’s take on this.

Echo Dot
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141Y

The content creator agrees not to make public comments that are detrimental to the reputation of the game

Sounds pretty clear-cut, if you say anything bad about the game regardless of if it’s true or not then you’re in violation of this contract. That’s ridiculous.

They’re are actually saying you can’t criticize the game. Now, you tell me who is the arbiter of what is and isn’t “criticism”, because it never says constructive criticism isn’t criticism so presumably is also not allowed.

@[email protected]
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51Y

??? There’s nothing in this wording that implies anything more than “don’t negatively review us”

@[email protected]
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31Y

There’s nothing in this wording that implies anything more than “don’t negatively review us”

It’s says subjective negative reviews. it seems if you say “It kept crashing” or “this feature wasn’t working” or “this feature was super bugged” those aren’t subjective.

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-21Y

All reviews are subjective by definition. Your examples are observations, not reviews. A review is my opinion of the product based on my experience. Like honestly, if you ever wrote a review about anything on Steam, or IMDB, or GoodReads or whatever, go find it and remove everything that’s subjective and see what you’ll end up with. Not like you’d be able to post it, because they require you give a score, which is inherently subjective.

@[email protected]
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-11Y

There’s nothing in the definition of review that requires it to be subjective. It’s shocking that you didn’t even stop to look it up to first figure out if this is accurate.

@[email protected]
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11Y

I did and it does. For example the Merriam-Webster English Dictionary defines review as:

a critical evaluation

Whereas evaluation is defined as:

determination of the value, nature, character, or quality of something or someone

It’s subtle, but it’s in there. The examples you gave don’t fall under this definition, as they don’t determine anything, they’re just statements of facts. However the statement “this game is shit” is a determination of quality and thus a review. If you just stop for a moment and think about it, you’ll realise that it is impossible to determine the quality of a video game in a purely objective way.

@[email protected]
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01Y

you’ll realise that it is impossible to determine the quality of a video game in a purely objective way.

The only subtle thing here is the subtle change in your wording from simple “review” to “determine the quality.” I agree with you there, as whether you think something is good or bad is subjective.

But it appears you realize Im right, which is why you’re trying to reframe it. Why is it hard for you to admit you were wrong? It’s okay, no one is perfect.

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11Y

I literally gave you a definition that says a review means to determine quality, I just assumed you would make the connection between that definition and the sentence you quoted, but apparently you’re too dense for that. The only error I made in this conversation is assuming that your reading comprehension is above that of a 3rd grader

@[email protected]
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81Y

The opinion of what is and isnt “subjective” is up for a lot of debate even if you dont personally have a major stake in a videogame’s marketing campaign (such as the authors and enforcers of these contracts).

@[email protected]
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201Y

I sort of saw it that way, but the last bit about “subjective negative reviews” seems unusual even for contracts.

There’s enough lazy rage bait “Turns out X is DOGSHIT?!?” videos out there that I don’t think it’s unreasonable to put some terms in expecting some professional effort. But disallowing even polite criticisms definitely seems too far.

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1Y

Basically makes any test results null and void

@[email protected]
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-171Y

How? The agreement restricts public statements, not negative feedback as a whole.

@[email protected]
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11Y

You sure? Post doesnt stipulate

@[email protected]
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81Y

or providing subjective negative reviews

I’m not sure what your argument is here but it doesn’t seem solid. How is a reviewer supposed to do their job?

@[email protected]
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21Y

The Closed Alpha playtest isn’t an invitation to publicly review, it’s an invitation to playtest. They’re trying to gather data and feedback on an inherently feature-incomplete and unpolished game to help with development. There are going to be private channels for feedback and the playtest data itself is like feedback so public channels are redundant. Obviously Marvel is also just trying to dodge criticism, but that’s not a mutually exclusive reason.

Carighan Maconar
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21Y

Yeah this seems to be something people are missing. These tests sometimes prohibit all reviewing and commenting in their NDAs (including positive ones). It’s a playtest, not a beta, review copy or pre-release.

@[email protected]
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31Y

Hmm… A perfectly neutral review with a share of the wording from the contract is nothing but factual, and I believe could be argued to be non disparaging?

@[email protected]
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21Y

No, disparaging is disparaging, even if it’s warranted. But, if I were a small streamer who got a key, I would just repeat the non-disparagement clause any time I saw something obviously broken.

They can stop me saying anything negative but that doesn’t cover body language (they might try to sue but they wouldn’t ever be able to prove it to the degree required unless I had posted something like this explanation, and even then it’s dicey), and I don’t see anything in there about a minimum number of positive sentences of words to hit. God help these chucklefucks if they ever run into a Djinni or a cursed monkey’s paw.

@[email protected]
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-91Y

Aww, the Devs feelings might get hurt

@[email protected]
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31Y

Nah, this is a pathetic attempt to get free ads from games journalists without any downsides

@[email protected]
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111Y

The developers of the game had zero input on this. They’re developers; this is a contract which would be written by lawyers, directed by management. The same management who force crunch on the devs you want to blame. Learn to recognise the enemy, please and thanks.

@[email protected]
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-51Y

Management is part of the development team… Developers doesn’t just mean programmers.

A director of a project is still management, but also a developer.

@[email protected]
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21Y

I’m assuming it’s with regards to the Play Test which is in very early stages and shouldn’t be judged as completed. Seems fair enough if it’s nowhere near complete

@[email protected]
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1Y

Right. It makes sense right up until the point where they only act on negative reviews.

Non disclosures / non disparagement are industry standard, but this is bonkers. Non-disclosure but only for the stuff we don’t like? The fuck

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21Y

deleted by creator

fmstrat
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231Y

Every reviewer who signed this should post a review, but of the business practices and why not to buy the game.

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6
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1Y

“Good game, but the company behind it is shit and required me to sign this contract. <Insert contract clause>. Remember this whenever your reading the totally honest reviews about how good the game is.”

@[email protected]
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51Y

When they reach the aspects of the game that they didn’t like they can just say “let’s skip this next part about CTF mode, because I signed a contract” and let the viewers deduce what they deduce.

aname
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131Y

engage in any discussions that are detrimental to the reputation of the game

You would literally break the contract

@[email protected]
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24
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1Y

Arguably it’s not detrimental to the reputation of the game, but the company.

“Great game. Never buy it.”

fmstrat
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91Y

“It’s a game. Don’t buy from them.”

fmstrat
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31Y

Nope. They would be talking about the company not the game.

aname
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11Y

Which discourages people from buying the game, thus hurting the game.

@[email protected]
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6
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1Y

If I were forced to not say anything negative about a game, I would painstakingly refrain from saying anything positive as well.

“Do I recommend this game?..”

@[email protected]
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21Y

I hate these filthy Neutrals Kiff. With enemies you know where they stand, but with Neutrals, who knows. It sickens me.

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